Online Rights for Online Workers: MSF discussion paper and draft digital facilities agreement

Introduction

The emerging information society is leading to a rapidly increasing reliance on electronic means of communication in the workplace. To encourage healthy industrial relations and social dialogue in the UK and European information society, it is important that MSF representatives and members have access as of right to these on-line information and communication networks.

In the digital age, the old ways in which we traditionally have communicated with our members can be updated and improved. To do so however may mean securing agreement from employers to the use of digital facilities. Our starting point should be the demands for access to e-mail systems and the Internet identified by the international trade union confederation UNI (Union Network International) in its Online rights for online workers campaign. (See UNI web site at http://www.union-network.org).

These are:

• The right of free access by employees and by trade unions and works councils to corporate e-mail systems, so that employee members can receive information and communicate with their representatives
• The right of free access to the Internet (and to corporate intranet networks) by employees, to enable them to access trade union web sites and other information relevant to their rights at work

1. Access to corporate e-mail

Objectives:

Is the answer 'Yes' to all these questions?

right of MSF representatives to use e-mail?
- right to access all employees?
- right to run electronic bulletin boards etc?
- right to subscribe to (external) electronic discussion lists?
- right to send and receive external e-mail?
right of MSF officials/representatives to use e-mail?
- right to access all existing members?
- right to access all employees?
- right to run electronic bulletin boards etc?
- right to subscribe to (external) electronic discussion lists?
- right to send and receive external e-mail?
right of individual employees to use e-mail?
- to contact MSF representatives?
- to subscribe to (external) electronic discussion lists?
- right to send and receive external e-mail?

Points:

- There is effectively no cost implication (in terms of IT infrastructure) in granting employees full access to e-mail. (Employers may of course argue that there is an implicit cost implication in terms of employee productivity).

- Is the right of access by trade unions to be comprehensive, or subject to restriction (eg BT allows union access to e-mail, but prohibits its use for industrial action). What are the arguments against this sort of limitation?

- Privacy of messages. Effectively, e-mail should not be used as a medium for confidential messages. E-mail messages can easily be intercepted. Even deleted e-mail messages are likely to be recoverable.

- Encryption. Does encryption provide a way around issues of privacy? It is not clear that using encryption on corporate e-mail systems is in fact effective. Encryption may simply provide false comfort.

- Legal issues. E-mails have begun to feature in employment court and tribunal hearings, and in other civil and criminal cases. Employers are becoming increasingly concerned about this development, and we can expect them to become more restrictive in e-mail access policies.

- Monitoring and victimisation. To what extent can protection against victimisation (eg, monitoring e-mails sent to identify union activists) be subject to negotiation and agreement?

2. Access to the Internet

Objectives:

Is the answer ‘Yes’ to all these questions?

right of MSF representatives to use the Internet?
right of MSF officials/representatives to use the Internet?
right of MSF to operate web sites on corporate intranets?
right of individual employees to use the Internet?
- to access sites run by MSF and other representative organisations?
- to access other sites relevant to their rights at work?

And another question:
To what extent should employees have the right to access the Internet for other purposes?

Points:

- For companies already with Internet access facilities, there is likely to be no relevant ICT cost implications of granting access to all employees.

- Web sites accessed by individuals are routinely recorded by Internet browsers. As with e-mails, therefore, there is an issue of monitoring and potential victimisation (eg of an individual activist who accesses health and safety information). On the other hand, employers arguably should have the right to prevent employees accessing inappropriate web sites. Should we support measures to prevent access to eg pornographic sites in the workplace.

- The Internet includes not only the World Wide Web but also the extensive network of Usenet newsgroups, ftp facilities etc.

- Downloading of material from the Internet may breach copyright. It may also create dangers of virus infection.

3. Future issues for consideration

- could include the issue of access to videoconferencing facilities for works council/trade union link-ups between sites, and - in the context of European Works Councils - between countries.

- trade unions will also wish to consider their right to access distant workers (eg teleworkers) through video links, if those links are available for management.

Model digital facilities agreement

1. Access to electronic mail

a) MSF representatives have the right to use the corporate e-mail system for works council/trade union purposes, to send and receive e-mails both internally and externally.

This shall include the right to send e-mail communications to all employees, subject to this right being exercised reasonably.

There shall be a further right to operate electronic bulletin board or discussion list services within the corporate e-mail service, provided such facilities are technically possible.

b) Employees have the right to use the corporate e-mail system to communicate with their MSF representatives and officials.

c) Employees are permitted to use the e-mail service for non-business use during business hours to send and receive individual e-mails both internally and externally provided that this is not detrimental to their job responsibilities.

d) The employer undertakes that e-mail will not be routinely read or monitored. E-mail will be monitored and retrieved only if the employer is legally obliged to do so or has reasonable reason to believe that an employee has committed a criminal offence or serious disciplinary offence or is in breach of this agreement. In these situations, email will be monitored and retrieved only in the presence of MSF representatives.

e) The right of employees to send and receive e-mails is subject to the following conditions:

i) E-mail sent must be lawful and not include defamatory or libellous statements.

ii) E-mail shall not be used as a means of sexually harassing other members of staff. E-mail shall not be used for sending offensive comments based on an individual’s gender, age, sexuality, race, disability or appearance.

iii) If required by the employer, personal e-mail sent both internally and externally shall include a disclaimer to the effect that the views expressed are those of the author’s alone and not necessarily those of the company.

2. Access to the Internet

a) MSF representatives have the right to access the Internet through the company server

MSF representatives have the right to create their own web site using facilities on the company’s Intranet or Internet server, provided such facilities are technically available. MSF will have the right to include such material as it feels is appropriate on its web site.

b) Limited non-business use of the Internet by employees is permitted during business hours, provided that it does not interfere with job responsibilities.

c) The employer undertakes not to routinely monitor sites visited by employees, and will do so only if there is reasonable reason to believe that an employee has committed a criminal offence or serious disciplinary offence or is in breach of this agreement. In this circumstance, checking of sites visited or of past Internet activity will only be undertaken in conjunction with a trade union representative or employee selected representative.

d) Employees have the right to access Intranet or Internet sites run by MSF and other sites which are concerned with employment issues, health and safety, equality issues or other matters relevant to their rights at work. Employees have the right to participate in Internet based newsgroups (such as Usenet newsgroups) relating to these issues.

e) It is not permitted knowingly to access web sites with sexual or pornographic material, or those which promote or encourage racism or intolerance.